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VALLEY INDUSTRIES v. SCOTT FETZER CO.

9002-00704; CA A69351.

832 P.2d 1262 (1992)

113 Or. App. 349

VALLEY INDUSTRIES, A DIVISION OF the FISHER GROUP, INC., a Delaware corporation, Respondent, v. THE SCOTT FETZER COMPANY, a Delaware corporation, Appellant.

Court of Appeals of Oregon.

Decided June 3, 1992.

Reconsideration Denied September 2, 1992.

Attorney(s) appearing for the Case

Peter R. Chamberlain, Portland, argued the cause, for appellant. With him on the briefs were Barry M. Mount and Bodyfelt Mount Stroup & Chamberlain, Portland.

Cathy E. Smith, Portland, argued the cause for respondent. With her on the brief was Underwood, Norwood & Hiefield, Portland.

Before RICHARDSON, P.J., and DEITS and DURHAM, JJ.

DEITS, Judge.

Defendant The Scott Fetzer Company (Fetzer) appeals from the judgment for plaintiff Valley Industries (Valley) in this action for contractual and common law indemnity and defense costs.

In 1983, Valley purchased the assets of Fetzer's division that manufactures ball coupling devices, which are used to attach trailers to vehicles. The parties entered into an agreement whereby Fetzer promised to defend and indemnify Valley for claims made against...

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